“At which point, Lt. Davidson pushed Kincade and the wheelchair, causing it to top over and Kincade to fall out and onto the street,” said Flannelly.

Kincade was arrested on a count of battery on a law enforcement officer.

However, the charge was later dismissed.

An internal investigation by the police department found Davidson was in violation of the agency’s policy and recommended his termination.

The Lafayette Police Civil Service Commission came to a different conclusion, finding him not in violation of the policy.

Davidson was given a 30 day unpaid suspension, demoted and placed on probation for a year.

“While it may have been a ‘reflexive’ act on the officer’s part to remove the heavy wheelchair from his foot, it was a use of force that should have never occurred in the first place. The officer should have avoided the path of the wheelchair,” said Flannelly in a statement to WXIN.